The Tennessee Senate today voted to extend the life of the Judicial Selection Commission for one year. The House of Representatives passed this legislation (SB0970/HB0544) in mid May, so the bill now goes to Gov. Bredesen.

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The Petitioner, Ronnie Finch, was convicted of one count of facilitation of first degree premeditated
murder and two counts of facilitation of attempted first degree premeditated murder. In this postconviction
proceeding, the Petitioner contends that his lawyer provided ineffective assistance at trial.
We granted this appeal to determine whether counsel was ineffective in failing to object when the
trial court erroneously took his motion for judgment of acquittal under advisement and in continuing
to participate in the trial thereafter. Because we hold that defense counsel's representation did not
prejudice the Petitioner, we reverse the Court of Criminal Appeals and reinstate the judgments of
conviction against the Petitioner.

Inmate filed medical malpractice action against Hospital and Doctor alleging that Defendants
negligently diagnosed and failed to treat his fractured mandible. The trial court granted Defendants'
motions for summary judgment. Inmate appeals the dismissal of his Complaint against Doctor and
other related errors. We affirm the judgment of the trial court in all respects.

Robert E. Cooper, Jr., Attorney General and Reporter; and Warren Jasper, Assistant Attorney
General, for the appellant, State of Tennessee.

There are no other attorneys listed.

Judge: CLEMENT

The sole issue on appeal is whether a parent who is incarcerated for the commission of a crime is
willfully or voluntarily unemployed for purposes of child support. The State of Tennessee filed a
petition to set child support while the parent was incarcerated relying on Tenn. Comp. R. & Regs.
Section 1240-2-4-.04(3)(d)(ii)(2005), which provides that "any intentional choice or act that affects a
parent's income" constitutes willful underemployment or unemployment. The trial court, relying
on Pennington v. Pennington, No. W2000-00568-COA-R3-CV, 2001 WL 277993, at *4 (Tenn. Ct.
App. Mar. 14, 2001), denied the petition to set child support for the period the parent was
incarcerated. We affirm.

This appeal involves a television news story about the discipline of a high ranking official of the Metropolitan Nashville Police Department who interceded with a subordinate to prevent his brotherin-law's arrest. Following the broadcast, the police official and his brother-in-law filed separate lawsuits against the television station and three of its employees in the Circuit Court for Davidson County seeking damages for libel and false light invasion of privacy. The televison station and its employees filed a motion for summary judgment based on the common-law fair report privilege and on its defense that the heightened "actual malice" burden of proof applied to all claims. In response,
the police official's brother-in-law asserted that he should not be held to the "actual malice" standard because he was a private person and because the news story involved a matter of purely private concern. The trial court granted the summary judgment and dismissed the complaints filed by the police official and his brother-in-law. With specific regard to the police official's brother-in-law, the court determined that the television station and its employees were shielded by the fair report privilege. It also concluded that the police official's brother-in-law was not a public figure for the purpose of his libel claim but that he had failed to demonstrate that he would be able to carry his
burden of proof to establish a simple negligence claim against the television station and its employees. The court also concluded that the actual malice burden of proof applied to the false light invasion of privacy claim and that the police official's brother-in-law had failed to establish that the television station and its employees had acted with actual malice. Only the police official's brother-in-law appealed. He asserts that the trial court erred by applying the fair report privilege and by concluding that he could not successfully prove that the television station and its employees had been negligent in their investigation and broadcast of the news story. We have determined (1) that the trial court erred by holding that the fair report privilege applies in this case; (2) that the police
official's brother-in-law is a limited purpose public figure and, therefore, cannot recover damages unless he can prove that the television station and its employees acted with actual malice; and (3) that the police official's brother-in-law cannot prove that the television station and its employees acted with actual malice in the investigation and broadcast of the news story.

This appeal arises from a two-car accident at the intersection of two county roads in Coffee County.
The sixteen year-old driver of one of the two vehicles and his parents and sister, who were
passengers in his vehicle, filed suit against the County for injuries they sustained in the accident,
contending the County was at fault for failing to properly maintain the stop sign and vegetation at
the intersection. The trial court attributed 50% of the fault to the County and 50% of the fault to the
sixteen year-old driver. Because he was 50% at fault, the sixteen year-old driver was not awarded
damages against the County; however, his parents and sister were awarded judgments against the
County for 50% of their damages. On appeal, the County contends the parents are barred from
recovering against it due to their negligence and negligent entrustment. The County also contends
his sister was negligent for riding in the vehicle. We affirm.

Richard Hughes, District Public Defender, Cleveland, Tennessee, for the appellant, Stephanie E.
Baney.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney
General; Jerry N. Estes, District Attorney General; and John Williams, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Stephanie E. Baney, pled guilty to especially aggravated stalking, two counts of
aggravated assault, reckless endangerment, and vandalism over $1,000, stemming from two separate
indictments, and was sentenced to an effective eight-year term. On appeal, she argues that the trial
court erred in imposing consecutive sentences. After our review of the record and the parties' briefs,
we affirm the trial court's sentencing decision.

The petitioner, Daniel Lynn Owen, pled guilty to arson (Class A felony) and setting fire to personal
property (Class E felony), agreeing to a concurrent sentence of ten years for arson and two years for
setting fire to personal property, as a Range II, multiple offender. The original judgment incorrectly
listed the conviction for arson as a Class B felony rather than a Class C felony, and the trial court
later amended the judgment to correctly indicate the petitioner had been convicted of a Class C
felony. The petitioner filed this appeal to contest the amended judgment. We conclude that
correcting a clerical mistake does not trigger a Tennessee Rule of Appellate Procedure 3 appeal as
of right. No error exists, and the appeal is dismissed.

Clark McMillan was exonerated five years ago for a rape and murder after DNA testing proved his innocence, but he had already served more than 20 years in prison for the crime.
Most of the $832,950 award from the state for wrongful imprisonment remains out of his grasp, being paid over time, but McMillan wants the state to give him all of the money he is owed so that he can manage his own affairs.
"I don't believe there's anything that can be done at this point," Rob Briley, who was McMillan's lawyer at the time of the settlement, said Friday.

Knoxville lawywer Herbert Moncier has asked U.S. District Judge Ronnie Greer to reconsider his decision to find Moncier in criminal contempt of court. Moncier also wants Greer booted off the bench and federal prosecutors removed from the case.

Andrew Speaker -- the lawyer who apparently boarded two trans-Atlantic flights despite warnings from health officials that he has an extremely drug-resistent case of tuberculosis -- is profiled by the Associated Press, giving a picture of an otherwise upstanding citizen. "If you subtract this TB thing from Drew Speaker, he's really a pillar of the community," said David Rich, a Nashville attorney who was Speaker's law school roommate.

The state appeals court has rejected a libel claim from a man after a television station reported he was arrested while carrying bags of cash, gambling receipts and a sawed-off shotgun. Brad Lewis was mentioned as part of a series of stories Nashville's WTVF-TV ran about his then-brother-in-law, Carl Dollarhide, formerly a major with the Metro Nashville Police Department.
Both Lewis and Dollarhide sued WTVF after the broadcast, claiming libel. The case was dismissed by a lower court, and only Lewis chose to appeal the decision.

A federal prosecutor told jurors that state Sen. Jerry Cooper was desperately in debt and used political influence to arrange a $1.77 million bank loan so he could sell a lumber mill. "That's his motive," Assistant U.S. Attorney Gary Humble said during opening arguments today in Cooper's fraud trial. "He was desperate to get out of debt."

A group in Rutherford County is seeking to add a court that would deal with people with mental illnesses who commit crimes. Judge Larry Brandon, working with a group of judicial professionals and advocates for people with mental illnesses, is seeking a $50,000 federal grant to develop the program. "Incarceration doesn't solve the problem that person is experiencing," Brandon said. "We need to get the person the resources they need, so hopefully they'll never end up back in jail."

Former White House aide Lewis "Scooter" Libby will learn on Tuesday whether or not he will go to prison. Then the question will be if President Bush will pardon him. Special Prosecutor Patrick Fitzgerald is calling for Libby to spend up to three years in prison, but LIbby maintains his innocence after being convicted in March of lying and obstructing the investigation into the 2003 outing of CIA officer Valerie Plame.

Inmates now must be transported to the Sequatchie County Justice Center in Pikeville from Bledsoe County because the fire marshal has shut down the Bledsoe County jail. Officials estimate the cost of gas, transportation and keeping the Bledsoe prisoners in Sequatchie while there for court is going to run about $350 day.

Connecticut's legislature has decided to limit the use of eminent domain, two years after a landmark U.S. Supreme Court case, the AP reports.
The state's House of Representatives voted 132 to 7 Saturday night in favor of a bill that restricts private property from being taken solely to boost property tax revenues. The move comes two years after the U.S. Supreme Court ruled the city of New London could take homes for a private riverfront development.
Gov. Jodi Rell is expected to sign the bill limiting the use of eminent domain.

CASA gets Greeneville office

Court-Appointed Special Advocates (CASA) has opened an office in Greeneville. "[CASA] is the eyes and ears of the judge, and the voice of the child," said Stephanie Sanders, executive director of CASA of Northeast Tennessee.

Wanda Abioto was censured by the Tennessee Supreme Court on May 16 for failing to keep adequate trust account records, misplacing client property and failing to return two videos to her client, which resulted in a contempt of court charge. The Board of Professional Responsibility found that she violated DR 1-102(A)(1)(6) and DR 9-102(A)(B) of the Code of Professional Responsibility and Rules 1.5 and 8.4(a)(d) of the Rules of Professional Conduct. The censure declares Abioto's actions to be improper but does not limit her right to practice law.

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